Wakilii

Goodman Agencies Ltd v Attorney General and Another (Constitutional Petition No. 03 of 2008)

Constitutional Court · [2010] UGCC 12 · 2010 Petition Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137 challenging the High Court's joinder of a party to a concluded consent judgment.
Decision
Petition granted; all proceedings after the consent judgment declared unconstitutional, null and void, and expunged; petitioner at liberty to execute the consent judgment with interest.

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Holding

Once the parties' consent judgment was approved and filed in the High Court on 2 September 2005, it operated as a constructive final judgment and the trial judge became functus officio. By later joining Hassa Agencies as a party to that consent judgment and allocating it part of Goodman's settlement without notice or hearing, the judge acted without jurisdiction and contrary to Articles 26(2) and 28(1). The benefit of a judgment is property; a consent judgment carrying the Attorney General's blessing may be impeached only for illegality, fraud or mistake, none of which existed. The petition was granted, the post-consent proceedings declared null and void, and expunged.

Facts

In November 1996, Military Intelligence officers seized ten commercial vehicles in Uganda and converted them to the army's use. Goodman Agencies and Hassa Agencies sued the State in HCCS No. 719 of 1997 for unlawful seizure and damages, claiming as bailees. Hassa's claim was dismissed after it and its counsel failed to appear, and a separate suit it filed in the Commercial Division was also dismissed. Goodman and three other claimants continued the suit. On 2 September 2005, all parties except Hassa entered a consent judgment for shs 14,485,547,842, endorsed by the presiding judge and signed by the Solicitor General; it was filed into court on 6 September 2005. On 12 September 2005, Hassa applied to be added to the consent judgment, and on 14 November 2005 the court added Hassa without notifying the other parties, allocating it a portion of the settlement. Goodman filed this constitutional petition challenging the joinder as a violation of its constitutional rights to property and a fair hearing under Articles 26 and 28.

Issues

  1. Whether the petition raises any question of constitutional interpretation.
  2. Whether the additional proceedings carried out by the same court after the consent judgment of 2 September 2005 contravened Articles 26 and 28(1) of the Constitution.
  3. What reliefs, if any, are available to the petitioner.

Orders

  • Declaration granted that the acts of the learned trial judge complained of in paragraphs 1(a), (b), (c), (d) and (e) of the petition are unconstitutional.
  • Declaration granted that all proceedings conducted by the learned trial judge from 2 September 2005, after the filing of the consent judgment of the same date, are unconstitutional, null and void ab initio.
  • All proceedings conducted by the learned trial judge from 2 September 2005 to date be expunged from the court record.
  • The petitioner is at liberty to undertake execution of the consent judgment of 2 September 2005 in HCCS No. 719 of 1997, with interest at 24% per annum from the date of that judgment till payment in full.
  • The petitioner be paid the costs of the petition, and a certificate for two counsel is granted.

Key headnotes

Civil Procedure — Consent Judgments — Finality and Functus Officio
Once a court approves and files a consent judgment, it operates as a constructive final judgment and the judge becomes functus officio, with no further jurisdiction to alter, supplement, or add a party to it.
Civil Procedure — Joinder of Parties — Order I rule 10(2)
The power to join a party under Order I rule 10(2) of the Civil Procedure Rules may be exercised only while the proceedings are alive and pending; it cannot be invoked once adjudication of all the disputes in the case is concluded.
Constitutional Law — Right to Property — Article 26(2)
The benefit of a judgment is property; depriving a person of it without compensation, otherwise than where public necessity exists or under a law that provides for compensation, is unconstitutional and void.
Human Rights — Fair Hearing — Article 28(1)
A judge who alters a concluded consent judgment by adding a party and reallocating settlement proceeds without notice or a hearing to the affected parties acts contrary to the right to a fair hearing under Article 28(1).
Civil Procedure — Consent Judgments — Grounds for Setting Aside
A consent judgment is treated as a fresh agreement between the parties and may be interfered with only on limited grounds such as illegality, fraud, or mistake.
Constitutional Law — Attorney General — Binding Effect of Legal Opinion — Article 119(3)
The legal opinion of the Attorney General, authenticated by his signature on an agreement or other legal transaction, is generally binding on Government and public institutions, and third parties are entitled to rely on it without further inquiry or verification.

Legislation cited (7)

  • Constitution of Uganda 1995 art.137
  • Constitution of Uganda 1995 art.26(2)
  • Constitution of Uganda 1995 art.28(1)
  • Constitution of Uganda 1995 art.119(3)
  • Civil Procedure Rules Order I r.10(2)
  • Civil Procedure Act (Cap 71) s.82(b)
  • Judicature (Fundamental Rights and Freedoms) (Enforcement Procedure) Rules

Cases cited (10)

  • Shah v Attorney General [1970] EA 523
  • Edward Fredrick Ssempebwa v Attorney General (Constitutional Case No. 1 of 1986)
  • Magdeline Makinta v Fostina Nkwe (Court of Appeal No. 26 of 2001)
  • Monanyana v The State (Criminal Appeal No. 5 of 2001)
  • Steven Kasozi & 2 others v People's Transport Service (SCCA No. 27 of 1993)
  • East African Insurance Co Ltd v East African Insurance Co Ltd (Civil Application No. 2 of 2002)
  • Attorney General & Uganda Land Commission v James Mark Kamoga & Anor (Civil Appeal No. 08 of 2004)
  • Bank of Uganda v Banco Arabe Espanol (SCCA No. 8 of 1998)
  • Dhikusooka Majidu & 12 others v Attorney General (Constitutional Petition No. 10 of 2009)
  • Gordon Sentiba & others v Inspectorate of Government (Civil Appeal No. 6 of 2008)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.